World Intellectual Property Organization

Mexico (MX)

Printable Version

Miscellaneous

Nice Classification

In accordance with paragraph 4 of the Agreement providing details of the criteria for interpreting and applying the classification under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, in the filing and examination of applications for distinctive signs before the Mexican Institute of Industrial Property, the following is stated:

The purpose of the titles of classes is to indicate, in general terms, which goods or services correspond to each of the classes; therefore when indicating the title of the class in the registration application, only the goods or services mentioned in the title are included, and not the other goods or services protected in the same class mentioned in the alphabetical list of the International Classification, the Complementary List of Goods and Services or those which exist in the market.

In order to indicate the goods or services in the registration application, the goods or services for which a distinction is sought must be clearly specified and determined.

Representation before the Office

The holders of international registrations may submit documents or appear in person directly before the Office (i.e. without recourse to a representative appointed for that purpose) in the cases relating to those registrations pertaining to Mexico, but must indicate their domicile in order to hear and receive notifications on the national territory.

Collective and Guarantee Marks

In the case of an international application for a collective mark whose protection extends to Mexico, the owner shall submit directly to the Institute the rules on the use, licensing and transmission of rights in the mark agreed by the applicants, at the time when IMPI receives the designation.
In the opposite case, IMPI shall request in writing, once only, the applicant to present said document within a period of two months.

For the purposes of this section, the applicant may make use of the additional term referred to in Article 122 bis of the Law, provided that the fee corresponding to the month in which this is implemented has been paid.

The applicable legal framework in Mexico does not establish the requirements that the rules for its use shall contain, for which reason as an administrative practice the Institute shall suggest to users that the document contains, as a minimum, the following information:

• name and domicile of the applicant.
• purpose of the association or society.
• details of the procedures for determining quality standards and characteristics of goods.
• conditions for membership of the association.
• conditions of use.
• rules for placement.
• establish mechanisms for verifying compliance with the rules for use (production, distribution, packaging, wrapping, labeling etc. processes).
• penalties.
• indicate whether the product is governed by an official standard.

Replacement

Yes. Agreement establishing the guidelines for examining applications, requests and subsequent proceedings filed in accordance with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, before the Mexican Institute of Industrial Property.

The holder of an international registration may request the Institute to replace a national registration with an international registration, provided that:

I.- The protection resulting from the international registration has been expressly extended to Mexico;

II.- The goods and services listed in the national registration correspond to those of the international registration;

III.- The territorial extension takes effect subsequent to the national registration date, and

IV.-Proof of payment of the corresponding fee is provided.

The Institute shall notify the International Bureau of the noting of the replacement of a national registration with an international registration, in accordance with Rule 21 of the Common Regulations.

The filing and priority dates shall be retained.
Once all the provisions of the Agreement establishing the guidelines for examining applications, requests and subsequent proceedings filed in accordance with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, before the Mexican Institute of Industrial Property have been satisfied.
Fees: $ 503.45 plus Value Added Tax (VAT).

Transformation

Yes
Fees: $2,016.38 plus Value Added Tax (VAT)

Maintenance Requirement

No

Licenses

No

Last updated on: June 28, 2013

Explore WIPO